Rajasthan High Court Quashes Rape Case After Accused Marries 'Victim', Says Continuation Of Proceedings Would Cause Her Immense Harm

The Rajasthan High Court has quashed a rape case against a man after both the accused and the prosecutrix resolved their differences and got married.Justice Anoop Kumar Dhand said continuation of the proceedings would cause immense harm to the prosecutrix. While acknowledging that offences like rape cannot be quashed by exercising jurisdiction under Section 482 Cr.P.C. if a compromise has been reached, the court, however, said it cannot ignore and overlook the welfare and the future of the woman.“The instant FIR is being quashed only keeping in view the peculiar facts and circumstances of this case and this order cannot be taken as a precedent on the power of High Court to exercise its jurisdiction under Section 482 Cr.P.C. to quash an offence of rape as the ground that the victim and the accused have entered into compromise,” it added.The woman had lodged an FIR against the petitioner with Mahila Police Thana at Sawai Madhopur for the offence under Section 376 IPC of IPC alleging that she is 29 years of age and working in a news channel. She said she came in acquaintance with him in 2020 at Noida and they exchanged their mobile numbers and became friends.It was further alleged that on March 21, 2021 the petitioner made a proposal to marry her and developed sexual relations with her and she became pregnant and he gave pills to her to abort the pregnancy. It was stated that thereafter they visited Leh Ladakh, Vrindavan, Dehradun, Mussoorie. However, the petitioner refused to marry her. The accused filed the petition for quashing of the FIR on the ground that after registration of the case, the parties were able to resolve their differences and eventually got married on October 17, 2022. It was further submitted that they are living happy married life and both of them have submitted a copy of compromise executed between them on November 14, 2022 indicating therein that due to "misunderstanding", the FIR was registered and now they have solemnized marriage and are living a happy married life.The court noted that the prosecutrix in her affidavit has affirmed the statements made in the petition under Section 482 CrPC that the parties got married on October 17, 2022, according to Hindu Rites and Ceremonies.The court placed reliance upon judgements of Supreme Court in Jatin Agarwal v. State of Telangana & Anr and Appellants v. State & Anr and said that result of the trial is obvious and would indicate about acquittal of the petitioner."... therefore, this court has no hesitation to hold that the criminal proceedings initiated against the petitioner vide FIR No. 88/2022 is nothing but an abuse of the process of law, and for the ends of justice this court can exercise the powers provided under Section 482 Cr.P.C. by setting aside the criminal proceedings initiated against the petitioner,” it said, while quashing the FIR.Case Title: S v. State of Rajasthan & AnrCitation: 2023 LiveLaw (Raj) 62Click Here to Read/Download Judgment

Rajasthan High Court Quashes Rape Case After Accused Marries 'Victim', Says Continuation Of Proceedings Would Cause Her Immense Harm

Udit Singh

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